HC directs AIIMS to form Medical Board for woman seeking termination of pregnancy after deciding to divorce husband

New Delhi, Oct 16 The Delhi High Court on Monday directed the All India Institute of Medical Sciences (AIIMS) to establish a medical board to assess a woman's request for the termination of her 22-week pregnancy.

The court was hearing a plea by a 31-year-old woman, who sought to terminate the pregnancy after deciding to divorce her husband.

Justice Subramonium Prasad stressed the necessity for an evaluation by a Medical Board to determine whether it was safe for the woman to undergo pregnancy termination by a registered medical practitioner.

He also asked the Medical Board to assess the condition of the fetus.

The court directed AIIMS to promptly form the Medical Board, and said that the board's report must be submitted within 48 hours.

The woman got married in June and found that she was carrying a single intrauterine pregnancy after a month. Besides directing AIIMS, the court directed the woman's husband to be included as a party to the case and issued a notice to him.

It posted the matter for hearing next on October 19. The woman alleged that she had been subjected to verbal, physical, mental, and emotional abuse by her husband since the early stages of their marriage. She reported two instances of physical assault, the first in July and the second in August when she was three months pregnant.

Since August, she has been residing in her parental home and has expressed a desire to terminate her pregnancy.

While the court granted relief to the woman, it noted that she had not filed a police report against her husband for the alleged physical abuse, nor had she initiated a petition for divorce or judicial separation.

However, the court referred to a Supreme Court decision that affirms a woman's prerogative to assess her life and choose the best course of action, particularly in the context of changing circumstances.

The order cited the potential for material changes when a woman separates from her partner, which may affect her ability to raise a child.

The court referenced domestic violence cases under Rule 3B(c) of the Medical Termination of Pregnancy (MTP) Rules, which allows a woman to terminate her pregnancy up to 24 weeks due to a change in marital status.

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